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Discussion Starter #1
Hi can I just ask the T-shirt selling experts here on the legalities of if you used an original painting of a band and putting it on a t-shirt and then using text of the bands name. Do you have to have permission from the band or celeb to use their name. Just wanted to know as I've seen someone on ebay selling band t-shirts and I'd like to start designing band t-shirts but want to know it legal to do this first.

Phil
 

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This is a very tricky subject. You may want to take a look at this thread:http://www.t-shirtforums.com/showthread.php?t=939
Any band that is successful has more that likely already trademarked their name, so any products with their name on it made without their permission would be trademark infringement, which is against the law. You mentioned an original painting. Putting the name of the band with this painting is definitely illegal. Now just the original painting itself, that's the tricky part. As a general rule, anything tricky is potential trouble. If this is something you really, really want to do, I would get permission or not do it at all.
As to you seeing others doing it, that is no indication as to whether it is legal or not.
They could have permission, or they may not care. Normally the band would have to sue them in order for them to stop, but why risk it?
My advice? Tread lightly!;)
 

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One good point that has come up on similar threads is the fact that legal or not you can still be sued, and trying to defend yourself can easily bankrupt a small business (or even a large one).

I don't know whether it's legal or not (I still haven't got around to doing the research in this area - though I think Comin'OutSwingin makes a good point about bands trademarking their names), but I'd suggest thinking twice about it anyway.
 

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You will need a license to use the name and/or likeness of a band or celebrity who has trademarked their name, brand or likeness. If you market merchandise that violates a trademark holder, you will be lucky to get a cease and desist. Most will sue first and ask questions later. Especially celebrities.
 

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Discussion Starter #5
Well cheers guys I'll stay clear of that idea then, better to just use my own designs then.

Thanks again
Phil
 
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